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HomeMy WebLinkAbout2006-06-06 - Zoning Board of Appeals Meeting Minutes VILLAGE OF RYE BROOK 938 King Street ZONING BOARD OF APPEALS Tuesday, June 6, 2006 8:00 p.m. AGENDA 1) #06-428 (Re-Appearance) Mr. & Mrs. David Seiden 21 Holly Lane Construct a front entry portico, a rear elevated rear deck, and perform interior renovations 2) 906-429 (Re-Appearance) Michael Rosenblut & Hedy Cardozo 14 Holly Lane Construct a 1-1/z story two-car garage addition, a rear two- story addition, and partial second story addition 3) #06-431 (Re-Appearance) Mr. & Mrs. Scott Zecker 16 Red Roof Drive Construct a rear, wood deck 4) #06-435 Susan Mauriello & Ernest Spatafore 257 Betsy Brown Road Construct a rear one-story addition, a full second story addition, a new front portico, new rear patio, and widen the existing driveway 5) Approval of May 2, 2006 Zoning Board Summary BOARD Mark Harmon, Chairman Salvatore Crescenzi Joseph Pellino Michael Siegel Excused: Ronald Rettner Zoning Board of Appeals June 6,2006 Page 1 STAFF: Michael Izzo, Building Inspector Paula Patafio, Meeting Secretary Mr. Mark Harmon, Chairman, called the June 6, 2006 meeting of the Zoning Board of Appeals to order at 8:00 p.m. He began the meeting with item 95 on the agenda, the approval of the May 2, 2006 summary. 5) APPROVAL OF MAY 2, 2006 ZONING BOARD SUMMARY Mr. Harmon stated that he had a few corrections/changes to be made to the summary, and provided the meeting secretary with the changes. There were no other changes submitted and, the summary was approved as amended on a vote of four ayes to zero nays. Mr. Harmon called for the first item on the agenda: 1) #06-428 (Re-Appearance) Mr. & Mrs. David Seiden 21 Holly Lane Construct a front entry portico, a rear elevated rear deck, and perform interior renovations The applicant, Mr. David Seiden, addressed the Board. He noted that he appeared before the Board at the prior month's meeting, at which time board members and Village staff made several comments regarding the original plan. In response to these comments, the plans were revised and the new plans were now before the Board. He noted that the home was currently non-conforming. Mr. Michael Izzo, Building Inspector, explained that the home was currently non-conforming and that the Village's Code states that if the non-conformity is not increased no variance is required. Mr. Izzo noted that the impervious coverage on the property was being reduced. The existing impervious coverage is 77.53 square feet, which is over the allowable amount, and the applicant has reduced it to 71.39 square feet. Mr. Harmon noted that the front yard variance has not changed. The rear yard setback has been reduced by 4'. In addition, the proposed deck was 9' wide and has now been reduced to 5' in width. The rear yard setback has also been reduced in the new plans. Zoning Board of Appeals June 6,2006 Page 2 Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. There being no one, he turned to the Board members for questions and comments. Mr. Salvatore Crescenzi pointed out that the plan dated 5/18/06 shows a door under the deck. The applicant responded that the intent was that the area beneath the deck be used for storage. The deck is 6' 21/2" in projection, and 4.5" in width. The stairs are included in the square footage of the deck. The deck was originally a 17' x 9' deck. The public portion of the meeting was closed and the Board went into deliberation. Upon the Board's return, Mr. Harmon read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. & Mrs. David Seiden for a .5' front yard setback and a 21.4' rear yard setback variance, in connection with the proposed construction of a front entry portico, a rear elevated wood deck, and to perform interior renovations on property located at 21 Holly Lane in an R-15 District on the east side of Holly Lane, at the intersection of Holly Lane and Country Ridge Drive. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 129.52, Block: 1, Lot 15. WHEREAS, a duly advertised public hearing was held on May 2, 2006, and continued on June 6, 2006, at which times all those wishing to be heard were given such opportunity; and WHEREAS the Board, from the application and after viewing the premises and neighborhood concerned, finds: 1) With respect to front yard variance, the request is demmus and will not adversely impact the surrounding neighborhood; and 2) With respect to the rear yard setback, applicants have modified their request to reduce the deck to a landing, thus Zoning Board of Appeals June 6,2006 Page 3 seeking the minimum variance needed to accomplish a rear exit, which is a reasonable use of the property. NOW, THEREFORE, BE IT RESOLVED that the application is hereby granted on the following conditions: 1) Construction shall begin within one year of the granting of the variance; and 2) No further building permits may issue respecting this property without the consent of this Board given upon a properly noticed and heard application in accordance with the Village Code unless the proposed construction will not enlarge the footprint of the structure. DATED: June 6, 2006 Mark Harmon, Chairperson 4 Ayes 0 Nays Zoning Board of Appeals June 6,2006 Page 4 Zoning Board of Appeals June 6,2006 Page 5 Mr. Harmon called for the second item on the agenda: 2) #06-429 (Re-Appearance) MICHAEL ROSENBLUT & HEDY CARDOZO 14 Holly Lane Construct a 1-�/z story two-car garage addition, a rear two- story addition, and partial second story addition Anthony Gioffre, Esq., Legal Counsel, and Mr. John Scarlatto, Architect, addressed the Board. The applicant, Michael Rosenblut, was also in attendance. Mr. Gioffre noted that a presentation was made at the previous Zoning Board meeting. Further research was done, and information was obtained in regard to the setbacks of neighboring properties. That information has now been presented to the Zoning Board, and made part of the record. This application requires a side yard variance. It was found that several homes in this neighborhood have been issued side yard variances. Mr. Gioffre presented the Board with copies of records confirming this statement. He also presented photographs of the neighborhood to the Board, which depicted how close the homes in this area are to each other. All information presented to the Village by the applicant is made part of the record. Mr. Scarlatto noted that he requested records from the Town of Rye Assessor's Office and presented the Board with that information. He reviewed the information on the property cards for the Board. The width of the applicant's home is not out of character with the homes in this area. Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. John Gross of 16 Holly Lane, the adjacent neighbor, addressed the Board in support of the application. He noted that there is a driveway between the two properties and he did not view the construction as problematic. There being no further comments, the public portion of the meeting was closed and the Board went into deliberation. Upon the Board's return, Mr. Harmon read the following resolution: Zoning Board of Appeals June 6,2006 Page 6 RESOLUTION WHEREAS, application has been made to the Zoning Board by Michael Rosenblut and Hedy Cardozo for a 3' single side yard and a 10.4' total side yard variance, in connection with the proposed construction of a 1-1/2 story two-car garage addition, a rear two-story addition, and a partial second story addition, on property located at 14 Holly Lane in an R-15 District on the west side of Holly Lane, 590 feet from the intersection of Holly Lane and Fairlawn Parkway. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 129.59, Block: 1, Lot 34. WHEREAS, a duly advertised public hearing was held on May 2, 2006, and continued on June 6, 2006, at which times all those wishing to be heard were given such opportunity; and WHEREAS the Board, from the application and after viewing the premises and neighborhood concerned, finds: 1) The Planning Board has reviewed the request and, subject to various conditions, has recommended hat the variances be granted; and 2) Applicants have demonstrated that both requested variances are consistent with prior variances granted to surrounding homeowners, and that they are also consistent with the surrounding houses, thus the variance will not have a negative impact on the neighborhood; 3) The immediate and most effected neighbor has supported the application, as have other neighbors. NOW, THEREFORE, BE IT RESOLVED that the application is hereby granted on the following conditions: 1) Construction shall begin within one year of the granting of the variance; 2) No further building permits may issue respecting this property without the consent of this Board given upon a properly noticed and heard application in accordance with the Village Code unless the proposed construction will not enlarge the footprint of the structure; and Zoning Board of Appeals June 6,2006 Page 7 3) Applicant will maintain screening and plantings substantially in accordance with the approved site plan. DATED: June 6, 2006 Mark Harmon, Chairperson 4 Ayes 0 Nays Zoning Board of Appeals June 6,2006 Page 8 Zoning Board of Appeals June 6,2006 Page 9 3) 906-431 (Re-Appearance) MR. & MRS. SCOTT ZECKER 16 Red Roof Drive Construct a rear, wood deck Mr. Harmon called for anyone wishing to address the Board in connection with this application. It was noted that the applicant was not in attendance at the meeting, nor had the applicant, or their representatives, contacted the Village or the Board to advise that they would not be attending. The Board went into deliberation, and upon their return Mr. Harmon read the following resolution: RESOLUTION WHEREAS, application has been made to the Zoning Board by Mr. & Mrs. Scott Zecker for a 16' rear yard setback variance, in connection with the proposed construction of a rear, wood deck, on property located at 16 Red Roof Drive in an R-15 District on the south side of Red Roof Drive, at the intersection of Red Roof Drive and Old Oak Road. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 135.43, Block: 1, Lot: 5.9. WHEREAS, a duly advertised public hearing was held on May 2, 2006, and continued to June 6, 2006, at which time all those wishing to be heard were given such opportunity; and WHEREAS the Board, from the application and after viewing the premises and neighborhood concerned, finds: 1) Applicant failed to appear to offer any support for the granting of the variance. NOW, THEREFORE, BE IT RESOLVED that the said application is hereby denied. DATED: June 6, 2006 Mark Harmon, Chairman Ayes: 4 Nays: 0 Zoning Board of Appeals June 6,2006 Page 10 Zoning Board of Appeals June 6,2006 Page 11 4) #06-435 SUSAN MAURIELLO AND ERNEST SPATAFORE 257 Betsy Brown Road Construct a rear one-story addition, a full second story addition, a new front portico, new rear patio, and widen the existing driveway Mr. Harmon noted that a letter in opposition to the application was received. The applicant was offered a few minutes to review the letter, and the letter was made part of the record. The architect, John Cotugno, addressed the Board. He began his presentation by noting that this property is located in an R-10 Zone. The proposed one-story addition in the rear of the home needs a variance because the house is currently non-conforming in regard to side yard setbacks. The dining room will be extended 6.5'. The family room will be extended on the right side of the property. The extensions are consistent with the current structure. The second story addition does not require a variance. The portico to the front of the home also requires a variance. The landing is approximately 9 1/z' wide and 2' in depth. This landing will have a roof over it. The third variance has to do with the extension of the driveway. The home currently has a one-car garage. The door is 7' wide and normally a garage door should be 8' in width. The applicant has two vehicles, and a teenage daughter who will be driving in a few years, which means a third vehicle. The applicant is looking to park in their driveway versus parking on the street. It was noted that their vehicle has been damaged twice in the street in front of their home. Therefore, the applicants feel that widening the driveway is a necessity. In reviewing the neighborhood, it was found that many other homes in the area have two car wide driveways and two car garages. Mr. Harmon called for members of the public wishing to address the Board in support or opposition to the application. There being no one wishing to address the Board, he turned to members of the Board and Village staff for questions and comments. Mr. Izzo noted that when widening a driveway the Village's Engineer must issue a permit to widen the curb cut. This will take place after the Zoning Board grants the variances and approves the site plan. The public portion of the hearing was closed and the Board went into deliberation. Upon the Board's return, Mr. Harmon read the following resolution: Zoning Board of Appeals June 6,2006 Page 12 RESOLUTION WHEREAS, application has been made to the Zoning Board by Susan Mauriello and Ernest Spatafore for a 6' front yard and a .08' total side yard variance, and relief from the off street parking requirement, in connection with the proposed construction of a rear one-story addition, a full second-story addition, a new front portico, new rear patio, and widening of the existing driveway on property located at 257 Betsy Broad Road in an R-10 District on the north side of Betsy Brown Road, 180 feet from the intersection of Betsy Brown road and North Ridge Street. Said premises being known and designated on the tax map of the Village of Rye Brook as Section: 135.43, Block: 1, Lot 29. WHEREAS, a duly advertised public hearing was held on June 6, 2006, at which time all those wishing to be heard were given such opportunity; and WHEREAS the Board, from the application and after viewing the premises and neighborhood concerned, finds: 1) As to the front yard variance, the proposed construction will merely create a portico over an existing landing and will not materially or adversely alter or effect the home; 2) As to the total side yard variance, the proposed construction will extend, but not enlarge, an existing non-conformity; and 3) The addition of off-street parking will enhance safety concerns and cannot be effected without a variance, as the home is setback only 30' from the front property line, consistent with the surrounding homes in the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the application is hereby granted on the following conditions: 1) Construction shall begin within one year of the granting of the variance; and 2) No further building permits may issue respecting this property without the consent of this Board given upon a properly noticed and heard application in accordance with the Village Code unless the proposed construction will not enlarge the footprint of the structure. DATED: June 6, 2006 Mark Harmon, Chairperson 4 Ayes, 0 Nays Zoning Board of Appeals June 6,2006 Page 13 Zoning Board of Appeals June 6,2006 Page 14 There being no further business before the Board, the meeting was adjourned at 9:51 p.m. Zoning Board of Appeals June 6,2006 Page 15